PCIT v. Sunrise Finlease (P.) Ltd. (2018) 252 Taxman 407/171 DTR 237/ 305 CTR 421 (Guj.)(HC)

S. 153D : Assessment – Search – Approval -Order passed by the Assessing Officer without approval of Joint Commissioner was held to be bad in law [ S. 153C ]

Dismissing the appeal of the revenue the Court held that ; an assessment order under S.153C can be passed by Income Tax Officer only after obtaining prior approval under S. 153D of Joint Commissioner inasmuch as compliance of S. 153D requirement is absolute therefore order passed by the Assessing Officer without approval of Joint Commissioner was held to be bad in law .(AY. 2007-08)